Other conditions decisions — 2019

The Board has remanded both claims due to the need for additional VA treatment records and an updated examination.

The Veteran's keratoconus was first diagnosed during service and the Board has granted service connection for this condition.

The Board found that assets held in an irrevocable living trust set up by the appellant should not be included in her net worth, and that her income and net worth are not otherwise a bar to survivors pension benefits. The appeal is granted.

The Board has reopened the Veteran's claim of service connection for a pilonidal cyst due to new and material evidence submitted since the April 2009 rating decision. The Veteran did not have symptoms related to the pilonidal cyst prior to service entrance, as indicated by private opinions and his own statements.

The appeal was dismissed because the appellant died during the pendency of the appeal and there is no eligible person to continue the claim.

The Board found that the appellee did not demonstrate financial hardship and thus, the RO's decision to grant an apportionment of the Veteran’s VA compensation benefits was not proper.

The Board has remanded the case due to incomplete examination report and additional development is required.

The Veteran's appeal has been dismissed due to their death, and the issue is not eligible for substitution or consideration for accrued benefits from the Veteran’s widow.

The Board denied service connection for a left hip and thigh condition, finding that it is not related to the Veteran's service-connected left knee disability.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's pancreatic cancer was caused by herbicide exposure in service.

The Board has determined that additional development is needed to determine the etiology of the Veteran's right bicep muscle disability and whether it is related to his service-connected left elbow disability. The Veteran’s left elbow disabilities, including degenerative changes, painful extension, and limited supination, are also being remanded for further examination and rating considerations.

The Board has decided to remand the case due to the need for additional information regarding the irrevocable trust assets and their inclusion in net worth calculations.

The Veteran's left ring finger amputation was rated at 10 percent for the entire appeal period, and no higher rating is warranted as his symptoms did not meet or more nearly approximate the criteria for a 20 percent rating.

The Board denied the appellant's request for an extension of his DEA benefits due to incarceration, as the regulatory criteria governing eligibility under 38 U.S.C. Chapter 35 are specific and do not allow for extensions beyond March 2, 2015.

The Veteran's overpayment of VA compensation benefits was properly created due to a retroactive removal of his spouse from the award after her death, resulting in an overpayment of $2,074.81.

The overpayment of VA compensation benefits in the amount of $3,527.95 was not properly created and the appeal is granted.

The Veteran's overpayment claim is being remanded due to unclear records and the need for a month-to-month explanation of his $5,664.00 overpayment debt.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination. The issues of initial evaluation for dysthymia and TDIU prior to February 25, 2014 are inextricably intertwined.

The Board has decided that the Veteran's current residuals of a right-hand injury were incurred during active duty Navy service. The claim for left-hand injuries is remanded due to lack of VA examination.

The Veteran's daughter is not eligible for Dependents Educational Assistance (DEA) benefits because she was over the age of 26 when her father's service-connected disabilities resulted in a permanent and total disability rating.